SEPARATION AGREEMENT AND GENERAL RELEASE

State of Connecticut

PRIVILEGED AND CONFIDENTIAL

This Separation Agreement and General Release ("Agreement") is entered into by and between:

EMPLOYER: [________________________________] ("Company"), a [________________________________] organized under the laws of [________________________________], with its principal place of business at [________________________________]

EMPLOYEE: [________________________________] ("Employee"), an individual residing at [________________________________], Connecticut [____]

Date of Agreement: [__/__/____]

RECITALS

WHEREAS, Employee has been employed by Company in the position of [________________________________] since [__/__/____], working primarily in the State of Connecticut;

WHEREAS, the Parties have mutually agreed that Employee's employment shall end effective [__/__/____] (the "Separation Date");

WHEREAS, Company desires to provide Employee with certain separation benefits in exchange for Employee's agreement to the terms herein;

NOW, THEREFORE, in consideration of the mutual promises and covenants, the Parties agree as follows:

ARTICLE 1: SEPARATION OF EMPLOYMENT

1.1 Separation Date. Employee's employment with Company and all subsidiaries, affiliates, and related entities (collectively, "Company Group") shall terminate as of the Separation Date.

1.2 Last Day of Work. Employee's last day of active work shall be [__/__/____].

1.3 Final Wages -- Connecticut Requirements.

(a) Connecticut Final Pay (Conn. Gen. Stat. § 31-71c). If Employee is discharged, all earned wages are due no later than the next business day following discharge. If Employee voluntarily quits or resigns, wages are due by the next regular payday. If Employee is laid off or work is suspended due to a labor dispute, wages are due no later than the next regular payday.

(b) Final wages include all earned base wages, overtime, commissions, and other compensation through the Separation Date. Company shall NOT condition payment of earned wages on execution of this Agreement.

(c) PTO/Vacation Payout. Connecticut does not require payout of accrued vacation/PTO unless Company's written policy or collective bargaining agreement provides for it. If Company policy provides for payout, $[________________________________] shall be included in the final paycheck. Company policy: ☐ Attached ☐ Summary: [________________________________].

(d) Connecticut Paid Sick Leave. Connecticut's paid sick leave statute (Conn. Gen. Stat. § 31-57s et seq.) does not require payout of unused sick time upon separation.

1.4 Expense Reimbursement. Employee shall submit all outstanding expenses within [____] days.

ARTICLE 2: SEVERANCE CONSIDERATION

2.1 Severance Payment.

☐ Lump Sum: $[________________________________], less withholdings, within [____] days following the Effective Date.

☐ Installments: $[________________________________] in [____] equal installments on regular payroll dates.

2.2 Benefits Continuation.

(a) COBRA. Employee eligible for COBRA and Connecticut state continuation coverage (Conn. Gen. Stat. § 38a-538 -- extends mini-COBRA to employers with fewer than 20 employees for up to 30 months).

(b) Company-Paid COBRA Bridge. ☐ Company pays employer portion for [____] months.

2.3 Outplacement. ☐ Through [________________________________] for [____] months, not to exceed $[________________________________].

2.4 Equity and Bonus. Per applicable plan documents.

2.5 Tax Treatment. Reported on W-2. Connecticut state income tax withheld. IRC § 409A compliance intended. Employee responsible for Employee's taxes.

ARTICLE 3: GENERAL RELEASE OF CLAIMS

3.1 Employee Release. Employee releases the Company Group and all Released Parties from all claims through the date of signing, including:

(a) Federal Statutes: Title VII, ADEA, ADA, GINA, Equal Pay Act, FMLA, ERISA (excluding vested benefits), WARN Act, USERRA, 42 U.S.C. § 1981, Rehabilitation Act, Pregnant Workers Fairness Act.

(b) Connecticut State Statutes:
- Connecticut Fair Employment Practices Act (Conn. Gen. Stat. § 46a-51 et seq.) -- prohibits employment discrimination based on race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including blindness, pregnancy, and workplace hazard whistleblowing
- Connecticut Family and Medical Leave Act (Conn. Gen. Stat. § 31-51kk et seq.)
- Connecticut Paid Family and Medical Leave Act (Conn. Gen. Stat. § 31-49e et seq.)
- Connecticut Wage Payment Laws (Conn. Gen. Stat. § 31-50a et seq.)
- Connecticut WARN Act (Conn. Gen. Stat. § 31-51n -- Plant Closing Law)
- Connecticut Whistleblower Protection Act (Conn. Gen. Stat. § 31-51m)
- Connecticut Personnel Files Act (Conn. Gen. Stat. § 31-128a et seq.)
- Connecticut Electronic Monitoring Act (Conn. Gen. Stat. § 31-48d)
- All other applicable Connecticut statutory claims

(c) Common Law Claims: Breach of contract, breach of implied covenant of good faith and fair dealing, promissory estoppel, emotional distress, fraud, misrepresentation, defamation, invasion of privacy, wrongful discharge in violation of public policy (per Sheets v. Teddy's Frosted Foods, 179 Conn. 471 (1980)), tortious interference, and negligence.

3.2 Carve-Outs from Release. This release does NOT waive:

(a) Right to enforce this Agreement;
(b) Vested benefits;
(c) Workers' compensation benefits (Conn. Gen. Stat. § 31-275 et seq.);
(d) Unemployment insurance benefits;
(e) Indemnification and D&O insurance rights;
(f) Claims arising after signing;
(g) Right to file charges with the EEOC, Connecticut Commission on Human Rights and Opportunities ("CHRO"), NLRB, SEC, OSHA, DOL, or any agency; Employee waives monetary recovery except where prohibited;
(h) Section 7 NLRA rights;
(i) Whistleblower protections under Conn. Gen. Stat. § 31-51m, Sarbanes-Oxley, Dodd-Frank;
(j) Speak Out Act rights;
(k) Time's Up Act protections (see Section 5.5);
(l) Rights that cannot be waived.

3.3 FLSA Wage Claims. Bona fide dispute acknowledged. Employee represents wages paid through Separation Date.

3.4 Unknown Claims. Release covers known and unknown claims to the fullest extent under Connecticut law.

ARTICLE 4: ADEA/OWBPA COMPLIANCE

4.1 ADEA claims waived per 29 U.S.C. § 626(f).

4.2 Employee advised to consult attorney.

4.3 ☐ 21 days (individual) ☐ 45 days (group; Exhibit A).

4.4 7-day revocation by written notice to [________________________________].

4.5 Consideration exceeds existing entitlements.

4.6 Written in understandable manner.

4.7 ☐ Group disclosures: Exhibit A.

ARTICLE 5: CONFIDENTIALITY, NON-DISPARAGEMENT, AND TIME'S UP ACT

5.1 Confidentiality. Agreement terms confidential except disclosures to spouse/partner, attorney, financial/tax advisor, as required by law, or to enforce the Agreement.

5.2 Non-Disparagement. Mutual. Employee shall not disparage Released Parties. Company shall direct officers/executives not to disparage Employee.

5.3 NLRA Section 7 Carve-Out. Nothing restricts Section 7 rights, per McLaren Macomb, 372 NLRB No. 58 (2023).

5.4 Protected Disclosures. Nothing prohibits reporting to governmental agencies (including CHRO), whistleblower disclosures under Conn. Gen. Stat. § 31-51m, Speak Out Act disclosures, cooperation with investigations, or truthful testimony.

5.5 CONNECTICUT TIME'S UP ACT (Conn. Gen. Stat. § 31-51bb) COMPLIANCE.

(a) Effective October 1, 2019, the Time's Up Act restricts the use of nondisclosure provisions in employment agreements that prevent disclosure of factual information related to claims of sexual harassment or sexual assault.

(b) Nothing in this Agreement shall be construed to prevent Employee from disclosing factual information related to any claim of sexual harassment or sexual assault to which Employee was a party, witness, or person who was aware of the harassment or assault. Any confidentiality provisions in this Agreement do not apply to such disclosures.

(c) Any nondisclosure clause regarding sexual harassment or sexual assault is enforceable only if: (i) the clause is agreed upon in a written settlement or separation agreement by the Employee (not merely offered by the employer at the outset of employment); (ii) the nondisclosure clause is the preference of the person reporting the alleged conduct; and (iii) the person has been notified of the right to have an attorney review the agreement before signing.

ARTICLE 6: DEFEND TRADE SECRETS ACT NOTICE

Pursuant to 18 U.S.C. § 1833(b): An individual shall not be held liable under any trade secret law for disclosure made (i) in confidence to a government official or attorney for reporting/investigating a suspected law violation, or (ii) in a sealed court filing. Retaliation claimants may disclose trade secrets to their attorney and use them in court under seal.

ARTICLE 7: RESTRICTIVE COVENANTS

7.1 Continuing Obligations. Surviving confidentiality, NDA, and invention assignment agreements remain in effect.

7.2 Non-Competition. ☐ If applicable:

(a) For [____] months, Employee shall not compete within [________________________________].

(b) Connecticut Non-Compete Rules. Connecticut recently enacted restrictions on non-compete agreements. Key requirements include:

• Duration cap: A non-compete may last no more than one (1) year after separation, though it may extend to two (2) years if the employee is compensated with base salary and benefits (minus outside earnings) for its duration.
• Reasonableness: Courts evaluate reasonableness in scope, duration, and geography. Must protect a legitimate business interest.
• Profession-specific restrictions: Physician non-competes are subject to Conn. Gen. Stat. § 20-14p, which limits duration, scope, and requires a buyout provision.
• Connecticut courts may reform overbroad covenants.

7.3 Non-Solicitation. ☐ For [____] months, Employee shall not solicit employees or customers.

7.4 NLRA Savings Clause. Nothing restricts Section 7 rights.

ARTICLE 8: RETURN OF COMPANY PROPERTY

Employee returns all property by the Separation Date. No copies retained. System access revoked. No deductions from final wages except as permitted by Connecticut law.

ARTICLE 9: COOPERATION

Reasonable cooperation. Company reimburses expenses. Compensation at $[________________________________]/hour beyond [____] hours/month.

ARTICLE 10: REFERENCE POLICY

☐ Neutral verification. ☐ Per Exhibit B. ☐ Other: [________________________________].

ARTICLE 11: NO ADMISSION OF LIABILITY

Not an admission of wrongdoing.

ARTICLE 12: GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law. Laws of the State of Connecticut.

12.2 ☐ Litigation in [________________________________] Judicial District, Connecticut. ☐ Binding arbitration in [________________________________], Connecticut, excluding non-arbitrable claims.

12.3 Attorneys' Fees. Prevailing Party entitled to fees and costs.

ARTICLE 13: GENERAL PROVISIONS

13.1 Entire agreement. 13.2 Written amendments. 13.3 Severability. 13.4 No waiver. 13.5 Counterparts. 13.6 Notices.

ARTICLE 14: EFFECTIVE DATE

Effective eighth (8th) day after signing (no revocation). Under 40: effective on signing.

ARTICLE 15: ACKNOWLEDGMENTS

☐ Read and understood; ☐ Advised to consult attorney; ☐ Signing voluntarily; ☐ Adequate time provided; ☐ Consideration exceeds entitlements; ☐ Not waiving post-signing rights; ☐ Understands ADEA release (if applicable); ☐ Returned property; ☐ Understands Time's Up Act protections preserved.

CONNECTICUT-SPECIFIC COMPLIANCE CHECKLIST

☐ Final pay (Conn. Gen. Stat. § 31-71c): Discharge = next business day. Quit = next regular payday. Layoff = next regular payday.

☐ CT Fair Employment Practices Act (§ 46a-51 et seq.): Broad protections -- race, color, religious creed, age, sex, gender identity/expression, sexual orientation, marital status, national origin, ancestry, disability (present/past mental, intellectual, learning, physical, blindness), pregnancy.

☐ Time's Up Act (§ 31-51bb): NDAs cannot prevent disclosure of sexual harassment/assault facts unless (i) in settlement/separation agreement (not initial employment); (ii) employee preference; (iii) notice of right to attorney review.

☐ PTO payout: Per employer policy/CBA only.

☐ CT Whistleblower Act (§ 31-51m): Protected.

☐ Non-compete: Max 1 year (2 years with salary continuation). Physician restrictions per § 20-14p.

☐ Wages not conditioned on release.

☐ CHRO filing right preserved.

☐ OWBPA compliance (if age 40+).

☐ DTSA notice included.

☐ NLRA Section 7 carve-out included.

SIGNATURES

EMPLOYEE:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

COMPANY:

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

EXHIBITS

☐ Exhibit A: OWBPA Group Disclosures ☐ Exhibit B: Reference Letter ☐ Exhibit C: Payment Schedule ☐ Exhibit D: Restrictive Covenant Summary

Sources and References

• Connecticut Fair Employment Practices Act, Conn. Gen. Stat. § 46a-51 et seq.
• Connecticut Final Pay, Conn. Gen. Stat. § 31-71c, https://law.justia.com/codes/connecticut/title-31/chapter-558/section-31-71c/
• Connecticut Time's Up Act, Conn. Gen. Stat. § 31-51bb
• Sheets v. Teddy's Frosted Foods, 179 Conn. 471 (1980) (wrongful discharge public policy)
• NLRB, McLaren Macomb, 372 NLRB No. 58 (2023)
• 18 U.S.C. § 1833(b) (DTSA Whistleblower Immunity)

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a qualified attorney licensed in Connecticut before use.